MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION TO DISMISS THE COUNTERCLAIM IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: DEFENDANTS' COUNTERCLAIMS FOR BREACH OF GOOD FAITH AND FAIR DEALING (COUNTERCLAIM II), VIOLATIONS OF THE FOURTH AMENDMENT AND TRESPASS (COUNTERCLAIM IV), AND VIOLATIONS OF THE FIFTH AMENDMENT TO THE CONSTITUTION (COUNTERCLAIM V), ARE DISMISSED; DEFENDANTS' COUNTERCLAIMS FOR NEGLIGENCE (COUNTERCLAIM I) AND FRAUD (COUNTERCLAIM III) SHALL REMAIN; PLAINTIFF'S MOTION IN THE ALTERNATIVE FOR SUMMARY JUDGMENT IS DENIED WITHOUT PREJUDICE AS PREMATURE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/23/08. 7/23/08 ENTERED AND COPIES MAILED, E-MAILED.(fdc)